Case: Terkel v. CDC

6:20-cv-00564 | U.S. District Court for the Eastern District of Texas

Filed Date: Oct. 22, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This civil action was filed on October 22, 2020 by one individual landlord and six business organizations challenging the validity of the CDC eviction moratorium under the United States Constitution and the Administrative Procedure Act. The Court granted summary judgment for the plaintiffs on February 25, 2021, and the defendants appealed. This is a case about the constitutionality of the Centers for Disease Control and Prevention's (CDC) eviction moratorium, which became effe…

COVID-19 Summary: This civil action was filed on October 22, 2020 by one individual landlord and six business organizations challenging the validity of the CDC eviction moratorium under the United States Constitution and the Administrative Procedure Act. The Court granted summary judgment for the plaintiffs on February 25, 2021, and the defendants appealed.


This is a case about the constitutionality of the Centers for Disease Control and Prevention's (CDC) eviction moratorium, which became effective on September 4, 2020, and prohibited landlords from evicting certain tenants until at least December 31, 2020. On October 22, 2020, one individual landlord and six business organizations that own residential rental property filed this lawsuit in the Eastern District of Texas. They sued the CDC and the Department of Health and Human Services (HHS). The plaintiffs sought a judgment declaring that the eviction moratorium is unconstitutional and invalid under the Administrative Procedure Act, an injunction enjoining the defendants from enforcing the eviction moratorium, and an award of costs and expenses including attorney fees. The case was assigned to Judge J. Campbell Barker.

The plaintiffs contended that the eviction moratorium exceeded the limitations of Article I, Section 8 of the United States Constitution. They argued that the power to modify private lease agreements is neither included in the federal government's enumerated powers nor inherent in the executive power provided in Article II of the Constitution. The plaintiffs asserted that the eviction moratorium could not be justified under the Constitution's Commerce Clause, even when supplemented with the Necessary and Proper Clause. While the plaintiffs stated that the CDC's authority to combat the transmission of disease is generally justified under the Commerce Clause, they argued that the eviction moratorium does not fall into one of the three broad categories of regulation under the clause: (1) regulation of the channels of interstate commerce; (2) regulation of instrumentalities of interstate commerce; or (3) regulation of activities that substantially affect interstate commerce. Based on the plaintiffs' theory that the eviction moratorium is unconstitutional, the plaintiffs also claimed that the moratorium violated the Administrative Procedure Act's prohibition on agency actions that are contrary to constitutional rights, powers, privileges or immunities.

On the same day that they filed their complaint, the plaintiffs also moved for a preliminary injunction. On November 20, 2020, the Court ordered the parties to provide information that would counsel against considering or granting summary judgment. On February 25, 2021, the Court dismissed the claims of two of the plaintiffs for lack of standing. 2021 WL 742877 The Court concluded that since these two plaintiffs failed to submit declarations that residents of their properties claim "covered person" status and failed to allege that they were being prevented from pursuing evictions, that their claims must be dismissed for lack of standing. In the same order, the Court granted summary judgment for the remaining plaintiffs. Since the moratorium only directly affect intrastate activities, the Court focused on whether the moratorium had substantial effects on interstate commerce by analyzing four considerations: (1) the economic character of the intrastate activity; (2) whether the regulation contains a jurisdictional element that may establish whether the enactment is in pursuance of Congress' regulation of interstate commerce; (3) any congressional findings regarding the effect of the regulated activity on interstate commerce; and (4) attenuation in the link between the regulated intrastate activity and interstate commerce.

The Court found that while relationships between landlords and tenants may be characterized as "economic", that the substantial-effects test must only look at the regulated activity itself. Given that the moratorium order specifically provided that the it did not change a landlord's or tenant's financial obligations, the Court found that the regulation was not economic in character. The Court also found that the regulation did not contain a jurisdictional element since the application of the moratorium is not limited to a connection with interstate commerce. In addition, neither Congress nor the agency made any findings that the eviction moratorium order was linked to a broader regulation of commerce. Lastly, the Court found that that the relationship between interstate commerce and the criminalization of eviction is attenuated. Based on these four considerations, the Court ruled that the CDC's order exceeded the power granted to the federal government by the Commerce Clause and the Necessary and Proper Clause. Since the Court found that the defendants were likely to respect declaratory judgment, the Court entered summary judgment for the plaintiffs and declared the eviction moratorium unconstitutional but declined to enter an injunction.

The defendants appealed on March 15, 2021.

Summary Authors

Nicholas Gillan (9/16/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59960524/parties/terkel-v-centers-for-disease-control-and-prevention/


Judge(s)

Barker, J. Campbell None (Texas)

Attorneys(s) for Plaintiff

Barnes, Joseph Aaron Sr (Texas)

Henneke, Robert (Texas)

Hermann, Kimberly S. (Georgia)

O'Leary, Celia Howard (Georgia)

Walters, Ryan Daniel (Texas)

Weldon, Chance Dean (Texas)

Attorneys(s) for Defendant

Myers, Steven Andrew (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Judge(s)

Barker, J. Campbell None (Texas)

Attorneys(s) for Plaintiff

Barnes, Joseph Aaron Sr (Texas)

Henneke, Robert (Texas)

Hermann, Kimberly S. (Georgia)

O'Leary, Celia Howard (Georgia)

Walters, Ryan Daniel (Texas)

Weldon, Chance Dean (Texas)

Attorneys(s) for Defendant

Myers, Steven Andrew (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Terkel v. Centers for Disease Control and Prevention

March 22, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Terkel v. Centers for Disease Control and Prevention

Oct. 22, 2020 Complaint
45

Opinion and Order

Terkel v. Center for Disease Control and Prevention

2021 WL 742877

Feb. 25, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59960524/terkel-v-centers-for-disease-control-and-prevention/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0540-8069083.), filed by Lauren Terkel, Weatherford Meadow Vista Apartments, LP, Pineywoods Arcadia Home Team, Ltd., Lufkin Creekside Apartments II, Ltd., MacDonald Property Management, LLC, Lufkin Creekside Apartments, Ltd., Lakeridge Apartments, Ltd.. (Attachments: # 1 Civil Cover Sheet)(Henneke, Robert) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
2

MOTION for Leave to File Excess Pages for Non-Dispositive Motion by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: # 1 Text of Proposed Order)(Henneke, Robert) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
3

MOTION for Preliminary Injunction by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: # 1 Text of Proposed Order)(Henneke, Robert) (Entered: 10/22/2020)

Oct. 22, 2020 PACER

District Judge J. Campbell Barker added. (mll, )

Oct. 22, 2020 PACER

MINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his court-website page. Noncompliance with those standing orders may result in a sanction or other disadvantage. (mll, )

Oct. 22, 2020 PACER
4

NOTICE of Attorney Appearance - Pro Hac Vice by Celia Howard O'Leary on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8069556. (O'Leary, Celia) (Entered: 10/23/2020)

Oct. 23, 2020 PACER
5

NOTICE of Attorney Appearance - Pro Hac Vice by Kimberly S Hermann on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8069561. (Hermann, Kimberly) (Entered: 10/23/2020)

Oct. 23, 2020 PACER

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, )

Oct. 23, 2020 PACER
6

SUMMONS Issued as to Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, and Nina Witkofsky. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es))(ndc) (Entered: 10/23/2020)

Oct. 23, 2020 PACER

MINUTE ORDER granting 2 Motion for Leave to File Excess Pages for Non-Dispositive Motion. The Motion for Preliminary Injunction and Memorandum in Support 3 is hereby deemed filed nunc pro tunc. Any response thereto shall not exceed 30 pages, exclusive of exhibits and attachments. Ordered by District Judge J. Campbell Barker on 10/23/2020. (ndc)

Oct. 23, 2020 PACER
7

AFFIDAVIT of Service for Summons with Complaint, Motion for Preliminary Injunction w/Order, Motion for Leave to Exceed Page Limits served on All Defendants on October 23, 2020, filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Henneke, Robert) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
8

***DEFICIENT FILING. TO BE REFILED BY ATTORNEY AS A PRO HAC VICE.*** NOTICE of Attorney Appearance by Leslie Cooper Vigen on behalf of All Defendants (Vigen, Leslie) Modified on 11/3/2020 (gsg). (Entered: 11/03/2020)

Nov. 3, 2020 PACER

NOTICE of Deficiency regarding the Notice of Appearance, Docket Entry 8 . Incorrect Docketing Event. To be refiled by attorney as a Pro Hav Vice. Correction should be made by 1 Business Day. (gsg)

Nov. 3, 2020 PACER
9

NOTICE of Attorney Appearance - Pro Hac Vice by Leslie Cooper Vigen on behalf of All Defendants. Filing fee waived. (saenz, ) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
10

NOTICE of Attorney Appearance by Steven Andrew Myers on behalf of All Defendants (Myers, Steven) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
11

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky. (Attachments: # 1 Exhibit Order Denying Preliminary Injunction Motion in Tiger Lily v. U.S. Dep't of Housing & Urban Dev., # 2 Exhibit Order Denying Temporary Restraining Order in KBW Investment Props. LLC v. Azar)(Vigen, Leslie) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
12

Unopposed MOTION for Leave to File Excess Pages by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: # 1 Text of Proposed Order)(Henneke, Robert) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
13

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Henneke, Robert) (Entered: 11/16/2020)

Nov. 16, 2020 PACER

MINUTE ORDER granting 12 Unopposed Motion for Leave to File Excess Pages for Non-Dispositive Motion. The Reply to Response to Motion for Preliminary Injunction 13 is hereby deemed filed nunc pro tunc. Any sur-reply shall not exceed 15 pages, exclusive of exhibits and attachments. Ordered by District Judge J. Campbell Barker on 11/17/2020. (ndc)

Nov. 17, 2020 PACER
14

Emergency MOTION to Expedite Consideration of Plaintiffs' Motion for Preliminary Injunction by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: # 1 Text of Proposed Order)(Henneke, Robert) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
15

ORDER Setting Hearing on Motion 3 MOTION for Preliminary Injunction : Motion Hearing set for 11/20/2020 at 10:00 AM by telephone before District Judge J. Campbell Barker. Signed by District Judge J. Campbell Barker on 11/18/2020. (ndc) (Entered: 11/18/2020)

Nov. 18, 2020 PACER

NOTICE providing the public access line (877-336-1839) and access code (6231391) for the hearing on motion 3 set for 11/20/2020 at 10:00 AM by telephone before District Judge J. Campbell Barker. (ndc)

Nov. 18, 2020 PACER
16

NOTICE of Attorney Appearance by Chance Dean Weldon on behalf of All Plaintiffs (Weldon, Chance) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
17

Minute Entry for proceedings held before District Judge J. Campbell Barker: Motion Hearing held on 11/20/2020 re 3 MOTION for Preliminary Injunction. The court granted 14 Emergency MOTION to Expedite Consideration of Plaintiffs' Motion for Preliminary Injunction. (Court Reporter Susan Zielie.) (ndc) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
18

ORDER for the parties to provide any information that would counsel against considering or granting summary judgment in response to this notice by 12/4/2020. Any briefing and response is limited to 20 pages. Signed by District Judge J. Campbell Barker on 11/20/2020. (ndc) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
19

PAPER TRANSCRIPT REQUEST by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky for proceedings held on 11/20/2020 Motion Hearing before Judge J. Campbell Barker. (Forward to Susan Zielie)(Vigen, Leslie) (Main Document 19 replaced on 11/23/2020 with flattened image) (nkl, ). Modified on 11/23/2020 (nkl, ). (Entered: 11/23/2020)

Nov. 23, 2020 PACER
20

PAPER TRANSCRIPT REQUEST by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP for proceedings held on 11/20/2020 Motion Hearing before Judge J. Campbell Barker. (Forward to Susan Zielie) (Henneke, Robert) (Main Document 20 replaced on 11/24/2020 with flattened image) (nkl, ). Modified on 11/24/2020 (nkl, ). (Entered: 11/23/2020)

Nov. 23, 2020 PACER
21

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-20-2020 before Judge JC BARKER. Court Reporter/Transcriber: SAZIELIE,Telephone number: 903-590-1065. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 12/22/2020. Release of Transcript Restriction set for 3/1/2021. (saz, ) (Entered: 12/01/2020)

Dec. 1, 2020 PACER
22

NOTICE by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP re 18 Order, Plaintiffs' Statement in Support of Considering and Granting Declaratory Relief on Summary Judgment (Henneke, Robert) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
23

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky re 18 Order, Defendants' Memorandum in Response to the Court's November 20, 2020 Order (Vigen, Leslie) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
24

ORDER for Defendants to file the administrative record for the challenged agency order on the same day that the government files that same administrative record in any other pending litigation. Signed by District Judge J. Campbell Barker on 12/7/2020. (ndc) (Entered: 12/07/2020)

Dec. 7, 2020 PACER
25

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of All Plaintiffs (Walters, Ryan) (Entered: 12/07/2020)

Dec. 7, 2020 PACER
26

ORDER adding United States of America as a defendant. Any disagreement with this addition should be raised by motion filed by 12/14/2020. The scheduling order 24 is modified to direct defendants to file the administrative record in this action on or before 12/14/2020. Any related briefing is due as noted herein. Signed by District Judge J. Campbell Barker on 12/10/2020. (ndc) (Entered: 12/10/2020)

Dec. 10, 2020 PACER
27

AFFIDAVIT of Service for Summons with Complaint, Motion for Preliminary Injunction w/Order, Motion for Leave to Exceed Page Limits Amended served on Defendants on 10/23/2020, filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Henneke, Robert) (Entered: 12/11/2020)

Dec. 11, 2020 PACER
28

NOTICE by Alex Azar, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky of Filing of Administrative Record (Attachments: # 1 Exhibit Administrative Record Certification and Index, # 2 Exhibit Administrative Record - Part 1, # 3 Exhibit Administrative Record - Part 2, # 4 Exhibit Administrative Record - Part 3, # 5 Exhibit Administrative Record - Part 4, # 6 Exhibit Administrative Record - Part 5)(Vigen, Leslie) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
29

Additional Attachments to Main Document: 28 Notice (Other),,.. (Attachments: # 1 Exhibit Administrative Record - Part 6, # 2 Exhibit Administrative Record - Part 7, # 3 Exhibit Administrative Record - Part 8)(Vigen, Leslie) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
30

ORDER directing the government to file a supplemental brief addressing whether the challenged agency order's expiration will moot this action by 12/23/2020. If the agency order is extended prior to 12/23/2020, the government shall file by 12/23/2020 a notice of the order's extension. Any response by plaintiffs to the government's supplemental brief on impending mootness is due by 12/30/2020. Signed by District Judge J. Campbell Barker on 12/16/2020. (ndc) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
31

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky re 28 Notice (Other),, of Filing of Appendix to the Administrative Record (Attachments: # 1 Exhibit Recertification of Administrative Record and Updated Index, # 2 Exhibit Administrative Record - Part 9)(Vigen, Leslie) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
32

Unopposed MOTION for Extension of Time to File Answer by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky. (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 12/21/2020)

Dec. 21, 2020 PACER

MINUTE ORDER denying 32 Unopposed Motion for Extension of Time File Answer. Ordered by District Judge J. Campbell Barker on 12/22/2020. (ndc)

Dec. 22, 2020 PACER
33

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky re 30 Order, Defendants Response to the Court's December 16, 2020 Order (Vigen, Leslie) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
34

NOTICE by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP re 30 Order, Plaintiffs' Reply to Defendants' Response to the Court's December 16, 2020 Order (Henneke, Robert) (Entered: 12/28/2020)

Dec. 28, 2020 PACER
35

ANSWER to 1 Complaint, by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky.(Vigen, Leslie) (Entered: 12/28/2020)

Dec. 28, 2020 PACER
36

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky re 30 Order, Defendants' Further Response to the Court's December 16, 2020 Order (Vigen, Leslie) (Entered: 12/28/2020)

Dec. 28, 2020 PACER
37

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky of Supplemental Authority (Attachments: # 1 Exhibit A - Preliminary Injunction Ruling in Chambless Enters., LLC v. Redfield, No. 20-1455 (W.D. La.), # 2 Exhibit B - Preliminary Injunction Order in Chambless Enters., LLC v. Redfield, No. 20-1455 (W.D. La.))(Vigen, Leslie) (Entered: 12/31/2020)

Dec. 31, 2020 PACER
38

NOTICE of Attorney Appearance by Joseph Aaron Barnes, Sr on behalf of All Plaintiffs (Barnes, Joseph) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
39

RESPONSE to 37 Notice (Other), by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Henneke, Robert) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
40

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky (Attachments: # 1 Exhibit January 29, 2021 CDC Order)(Vigen, Leslie) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
41

ORDER giving leave to file supplemental briefing on summary judgment in light of agency order extension. The briefing is due by 2/16/2021, and is limited to 10 pages for all plaintiffs and 10 pages for all defendants. Signed by District Judge J. Campbell Barker on 2/12/2021. (ndc) (Entered: 02/12/2021)

Feb. 12, 2021 PACER
42

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky re 41 Order, Defendants' Response to the Court's February 12, 2021 Order (Vigen, Leslie) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
43

NOTICE by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP re 41 Order, Plaintiffs' Brief in Response to the Court's Request for Supplemental Briefing (Henneke, Robert) (Entered: 02/16/2021)

Feb. 16, 2021 PACER

MINUTE ORDER that defendants shall supplement the administrative record to the CDC Order at issue by noon CST on February 22, 2021, to include any new materials considered or relied upon in issuing the recent, extended order now in effect. Ordered by District Judge J. Campbell Barker on 2/17/2021. (ndc)

Feb. 17, 2021 PACER
44

NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky of Filing of Supplemental Administrative Record (Attachments: # 1 Affidavit Certification of Supplemental Administrative Record, # 2 Appendix Index of Supplemental Administrative Record, # 3 Supplement Supplemental Administrative Record - Part 1, # 4 Supplement Supplemental Administrative Record - Part 2)(Vigen, Leslie) (Entered: 02/22/2021)

Feb. 22, 2021 PACER

MINUTE ORDER that the clerk of court shall update the docket to reflect the Federal Rule of Civil Procedure 25(d) automatic substitutions recited in the government's February 1, 2021 notice. Ordered by District Judge J. Campbell Barker on 2/22/2021. (ndc) Modified on 2/22/2021 to correct date. (ndc).

Feb. 22, 2021 PACER
45

OPINION AND ORDER dismissing without prejudice the claims of plaintiffs Pineywoods Arcadia Home Team, Ltd. and Weatherford Meadow Vista Apartments, LP for lack of standing; entering summary judgment granting declaratory relief for the remaining plaintiffs; and denying without prejudice any pending motion as moot. Signed by District Judge J. Campbell Barker on 2/25/2021. (ndc) (Entered: 02/25/2021)

Feb. 25, 2021 PACER
46

FINAL JUDGMENT. Signed by District Judge J. Campbell Barker on 2/25/2021. (ndc) (Entered: 02/25/2021)

Feb. 25, 2021 PACER
47

NOTICE OF APPEAL as to 46 Judgment, 45 Order, by Sherri A. Berger, Centers for Disease Control and Prevention, Norris Cochran, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Myers, Steven) (Entered: 02/27/2021)

Feb. 27, 2021 PACER
48

TRANSCRIPT REQUEST by Sherri A. Berger, Centers for Disease Control and Prevention, Norris Cochran, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky (Vigen, Leslie) (Entered: 03/12/2021)

March 12, 2021 PACER

USCA Case Number 21-40137 for 47 Notice of Appeal. (mll, )

March 15, 2021 PACER

Original Record on Appeal accepted for 21-40137. Counsel can now access the Electronic Record on Appeal by following the instruction found here: http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf. (mll, )

March 22, 2021 PACER

State / Territory: Texas

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Oct. 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

One individual who owns rental property and six business organizations that own rental property

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Centers for Disease Control and Prevention (Atlanta), Federal

United States Department of Health and Human Services (Washington, DC), Federal

United States of America, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Benefit Source:

CARES Act (Covid-related)